2017 ORS 137.751¹
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508

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This section is amended
Effective January 1, 2019
Relating to vehicles; creating new provisions; and amending ORS 137.751, 801.026, 807.072, 807.252, 810.415, 811.230, 811.235, 811.483, 811.700, 811.705, 811.707 and 811.710.

(1) When a court sentences a defendant to a term of incarceration that exceeds one year, the defendant may request a determination of the defendant’s eligibility for release on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4). The court shall order in the judgment that the Department of Corrections may release the defendant on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4) only if, after a hearing, the court finds that:

(a) The defendant meets the eligibility requirements of subsections (2) and (3) of this section;

(b) The defendant was not on probation, parole or post-prison supervision for an offense listed in ORS 137.712 (Exceptions to ORS 137.700 and 137.707) (4) or 811.705 (Failure to perform duties of driver to injured persons) (2)(b) at the time of the commission of the current crime of conviction;

(c) The defendant has not previously been released on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4);

(d) The harm or loss caused by the crime is not greater than usual for that type of crime;

(e) The crime was not part of an organized criminal operation; and

(f) After considering the nature of the offense and the harm to the victim, the defendant’s successful completion of the program would:

(A) Increase public safety;

(B) Enhance the likelihood that the defendant would be rehabilitated; and

(C) Not unduly reduce the appropriate punishment.

(2) Except as provided in subsection (4) of this section, a defendant may not be released on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4) if the defendant is being sentenced for a crime under ORS 163.145 (Criminally negligent homicide), 163.165 (Assault in the third degree) (1)(a) or (b), 163.525 (Incest) or 811.705 (Failure to perform duties of driver to injured persons) (2)(b).

(3) A defendant may not be released on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4) if the defendant is being sentenced for a crime listed in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences), 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders) or 163.095 (“Aggravated murder” defined) or a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(4) Notwithstanding subsection (1) of this section, the parties may stipulate to a defendant’s eligibility for release on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4). If the court accepts the stipulation, the court does not need to make explicit findings regarding the factors described in subsection (1)(b) to (f) of this section. The parties may not stipulate to the defendant’s release on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4) if the defendant is being sentenced for a crime described in subsection (3) of this section.

(5) If the court makes the findings described in subsection (1) of this section or accepts the stipulation of the parties under subsection (4) of this section, the court shall:

(a) Order on the record in open court as part of the sentence imposed that the defendant may be considered by the department for release on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4); and

(b) Include the order described in paragraph (a) of this subsection in the judgment.

(6) Subject to the requirements of this section, the court may order that the defendant serve a minimum period of incarceration before the defendant is released on post-prison supervision under ORS 421.508 (Determination of eligibility for program) (4). Nothing in this section authorizes the release of the defendant on post-prison supervision before the defendant has served the period of time described in ORS 421.508 (Determination of eligibility for program) (4)(b). [2008 c.35 §1; 2009 c.713 §17]

Note: See second note under 137.750 (Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs).

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.